Court of Appeal has ruled in favor of the Tokaikolo Church
Radio & TV Tonga, Nuku’alofa, 28/03/2018
The Court of Appeal has ruled in favor of the Tokaikolo Church allowing the church to claim back the ownership of church buildings on a property in Kolomotu’a that was used by Mo’ui Fo’ui ‘ia Kalaisi, a breakaway congregation from Tokaikolo Church.
The Court of Appeal ordered that a lease mistakenly registered in the former name of the church, for which Cabinet approved was cancelled, should be removed from the register and that vacant possession of the land and building must be given to the Tokaikolo church within 21 days.
The appeal was against a Supreme Court decision last year, which ruled the breakaway congregation, Mo’ui Fo’ou ‘ia Kalaisi had better entitlement to the property (land and church buildings) and that a lease was to be granted to them.
The Court of Appeal stated, the Tokaikolo church had the better right to the lease, since the fundraising for the buildings was done in its name, it is their owner.
The fundraising was authorized by the church and done on its behalf for the purpose of obtaining the lease and constructing the buildings, which was duly done.
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